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COLEMAN v. KEMNA

No. 99-4103.

263 F.3d 785 (2001)

Calvin COLEMAN, Appellant, v. Mike KEMNA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2001.

Rehearing and Rehearing Denied: October 18, 2001.

Attorney(s) appearing for the Case

David A. Kelly, Kansas City, MO (Cheryl A. Pilate, on the brief), for appellant.

Michael J. Spillane, Jefferson City, MO (Jeremiah W. (Jay) Nixon, on the brief), for appellee.

Before WOLLMAN, Chief Judge, HANSEN and MURPHY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: October 18, 2001.

HANSEN, Circuit Judge.

Calvin Coleman appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We reverse and remand for further proceedings.

A Missouri state court jury convicted Coleman on August 3, 1995, of second degree murder, first degree assault, and two counts of armed criminal action. The state trial court sentenced him to two concurrent...

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